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A BILL TO BE ENTITLED
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AN ACT
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relating to the governing body of the independent organization |
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certified to manage the ERCOT power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Utilities Code, is amended by |
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amending Subsection (g) and adding Subsections (g-2) and (g-3) to |
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read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, an organization's governing body, |
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other than the ex officio members listed in this subsection, must be |
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composed of persons specified by this section who represent the |
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various geographic regions of this state, who have expertise in the |
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field of power generation or transmission and distribution, and who |
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are selected in accordance with formal bylaws or protocols of the |
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organization. The bylaws or protocols must be approved by the |
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commission and must reflect the input of the commission. The bylaws |
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must specify the process by which appropriate stakeholders elect |
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members and, for unaffiliated members, prescribe professional |
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qualifications for selection as a member. The bylaws must require |
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the use of a professional search firm to identify candidates for |
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membership of unaffiliated members. The process must allow for |
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commission input in identifying candidates. The governing body |
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must be composed of: |
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(1) the chairman of the commission as an ex officio |
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nonvoting member; |
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(2) the counsellor as an ex officio voting member |
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representing residential and small commercial consumer interests; |
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(3) the chief executive officer of the independent |
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organization as an ex officio voting member; |
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(4) six market participants elected by their |
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respective market segments to serve one-year terms, with: |
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(A) one representing independent generators; |
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(B) one representing investor-owned utilities; |
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(C) one representing power marketers; |
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(D) one representing retail electric providers; |
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(E) one representing municipally owned |
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utilities; and |
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(F) one representing electric cooperatives; |
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(5) one member representing industrial consumer |
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interests and elected by the industrial consumer market segment to |
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serve a one-year term; |
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(6) one member representing large commercial consumer |
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interests selected in accordance with the bylaws to serve a |
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one-year term; and |
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(7) five members unaffiliated with any market segment |
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and selected by the other members of the governing body to serve |
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three-year terms. |
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(g-2) To qualify to serve as a member of the governing body |
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under Subsection (g)(4), (5), (6), or (7), a person must be a |
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resident of this state. |
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(g-3) To maintain certification as an independent |
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organization under this section, an organization's chief executive |
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officer must be a resident of this state. |
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SECTION 2. (a) An independent organization certified under |
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Section 39.151, Utilities Code, by the Public Utility Commission of |
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Texas before September 1, 2021, shall hold elections and select new |
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members as needed to modify the organization's governing body to |
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comply with Section 39.151, Utilities Code, as amended by this Act, |
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as soon as practicable, but not later than September 1, 2022. |
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(b) An independent organization certified under Section |
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39.151, Utilities Code, by the Public Utility Commission of Texas |
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before September 1, 2021, shall ensure that the chief executive |
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officer of the organization is a resident of this state as soon as |
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practicable, but not later than September 1, 2022. |
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(c) After September 1, 2022, the Public Utility Commission |
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of Texas may decertify an independent organization whose governing |
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body or chief executive officer does not comply with Section |
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39.151, Utilities Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |